S.ANJALAI Vs. S.ASGAR

JUDGEMENT

(1.) The claimants are the appellants before this Court. The appeal has been filed challenging the award of the Motor Accident Claims Tribunal (Special Sub-Judge, Cuddalore), whereby the learned Judge had awarded a total compensation of Rs.13,80,400.00 for the death of one Serlavanathan in a road traffic accident to his wife and two children, one of whom is a minor.

(2.) The claimants would contend that the Tribunal has erroneously deducted 2/3 rd towards personal expenses overlooking the fact that the claimants are his wife and children. That apart, no amount had been given under the head of loss of love and affection for the two children.

(3.) The learned counsel appearing for the Insurance Company on the other hand would submit that the Tribunal ought not to have taken the income to be a sum of Rs.18,000.00 when no document has been produced to prove the income. However, it is an admitted fact that he was working with the Cooperative Spinning Mill and the accident had taken place in the year 2016. The loss of income therefore ought to have been a sum of Rs.17,200.00.Further, considering his age, the future prospect should have been assessed at 30% and not at 40%. He would concede that no amounts have been awarded to the two children under the head of love and affection.